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Calls for Staggered Age of Consent for 16 and 17-Year-Olds

Following recent allegations, campaigners and some Labour MPs are advocating for a staggered age of consent to offer greater legal protection for 16 and 17-year-olds.

  • Campaigners propose making sexual activity with a 16-17 year old a criminal offence for those aged 20 or older, unless the age difference is three years or less.
  • The Victims' Commissioner for England and Wales, Claire Waxman, has called for "serious conversations" regarding potential legislative changes.
  • Some researchers question the evidence that such a law would be effective in protecting young people or preventing exploitation.

Allegations against Russell Brand and David Walliams have prompted calls for enhanced legal protection for 16 and 17-year-olds against sexual exploitation by older adults. A staggered consent law is a proposed measure favoured by campaigners and supported by some Labour MPs.

Claire Waxman, the victims’ commissioner for England and Wales, has urged for "serious conversations" about potential legislative changes. Barrister Charlotte Proudman stated that a staggered age of consent would consider the age difference between sexual partners, rather than treating 16 as a universal point of legal consent.

The Close the Consent Gap campaign proposes to criminalise sexual activity between a person aged 20 or older and a 16-17 year old, unless the age difference is no more than three years. Layla Stone, the campaign's founder, highlighted that 16 and 17-year-olds are recognised as children in other legal frameworks and should be protected similarly in sexual consent law.

However, Professor Roger Ingham from the University of Southampton and Dr Sophie King-Hill from the University of Birmingham have questioned the evidence for the effectiveness of such a law in protecting young people. They cautioned that "tinkering with the law" could divert attention from other efforts and potentially deter young people from seeking necessary support.

Why this matters: This proposal seeks to address perceived gaps in legal protection for 16 and 17-year-olds, aiming to recognise power imbalances in relationships with older adults.

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